Article 10p. 10

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

SEC. 4. Promulgation of decision . - The decision

signed by the presiding judge shall be promulgated by

the reading of the dispositive portion in open court and

its filing with the clerk of court, on a date set with due

notice to the parties, or through delivery of a copy of

the signed decision to the clerk of court who shall

forthwith indicate the date of rendition and cause true

copies thereof to be served, personally or by registered

mail, upon the counsel or the parties, if not represented

by counsel.

SEC. 5. Finality of decision . - The decision of the court

shall become final and executory five days after filing

with the clerk of court and receipt of notice by the

parties.

SEC. 6. Entry of judgment . - If no appeal is filed within

the time provided in these Rules, the judgment shall be

entered

by

the

clerk

in

the

book

of

entries

of

judgments. The date of finality of the judgment shall be

the date of its entry. The record shall contain the

dispositive part of the judgment and shall be signed by

the clerk, with a certificate that such judgment has

become final and executory.

SEC. 7. Notice of final decision . - As soon as the

decision becomes final, the clerk of court shall send

notices

to

the

Commission

on

Elections,

the

Department of the Interior and Local Government, and

the Commission on Audit.

SEC. 8. Appeal . - An aggrieved party may appeal the

decision to the Commission on Elections, within five

days after promulgation, by filing a notice of appeal

with the court that rendered the decision, with copy

served

on

the

adverse

counsel

or

party

if

not

represented by counsel.

SEC. 9. Appeal fee . - The appellant in an election

contest

shall

pay

to the court that rendered the

decision

an

appeal

fee

of

One

Thousand

Pesos

(P1,000.00), simultaneously with the filing of the notice

of appeal.

SEC. 10. Immediate transmittal of records of the

case . - The clerk of court shall, within fifteen days from

the filing of the notice of appeal, transmit to the

Electoral

Contests

Adjudication

Department,

Commission on Elections, the complete records of the

case, together with all the evidence, including the

original

and

three

copies

of

the

transcript

of

stenographic notes of the proceedings.

SEC. 11. Execution pending appeal . - On motion of the

prevailing party with notice to the adverse party, the

court, while still in possession of the original records,

may,

at

its discretion, order the execution of the

decision in an election contest before the expiration of

the period to appeal, subject to the following rules:

(a) There must be a motion by the prevailing party with

three-day

notice

to

the

adverse

party.

Execution

pending appeal shall not issue without prior notice and

hearing. There must be good reasons for the execution

pending appeal. The court, in a special order, must state

the good or special reasons justifying the execution

pending appeal. Such reasons must:

(1)

constitute

superior

circumstances

demanding

urgency that will outweigh the injury or damage should

the losing party secure a reversal of the judgment on

appeal; and

(2) be manifest, in the decision sought to be executed,

that the defeat of the protestee or the victory of the

protestant has been clearly established.

(b) If the court grants an execution pending appeal, an

aggrieved party shall have twenty working days from

notice of the special order within which to secure a

restraining order or status quo order from the Supreme

Court

or

the

Commission

on

Elections.

The

corresponding writ of execution shall issue after twenty

days, if no restraining order or status quo order is

issued.

During

such

period,

the writ of execution

pending appeal shall be stayed.

SEC. 12. Jurisdiction of the Commission on Elections

in certiorari cases . - The Commission on Elections has

the

authority

to

issue

the

extraordinary

writs

of

certiorari , prohibition and mandamus only in aid of its

appellate jurisdiction over decisions of the courts in

election

cases

involving

elective

municipal

and

barangay officials.

SEC. 13. Preferential disposition of election contests . -

The courts shall give preference to election contests

over all other cases, except habeas corpus .

RULE 15 COSTS, DAMAGES AND ATTORNEY'S

FEES

SECTION 1. Costs; when allowed . - Costs shall be

allowed to the prevailing party as a matter of course.

The court shall have the power, for special reasons, to

apportion the costs, as may be equitable. The court

may

render

judgment

for

costs

if

a

protest,

a

counter-protest

or

a

petition

for

quo warranto is

dismissed. When a protest, a counter-protest or a

petition for quo warranto is found to be frivolous,

double

or

treble

costs

may

be

imposed

on

the

protestant, the counter-protestant or the petitioner.

SEC. 2. Damages and attorney's fees . - In all election

contests,

the

court

may

adjudicate

damages and

attorney's fees, as it may deem just and as established

by the evidence, if the aggrieved party has included

such claims in the pleadings.

RULE 16 TRANSITORY PROVISION

SECTION 1. Applicability . - These Rules shall apply to

election protests and petitions for quo warranto that

remain

pending

and

undetermined

after

their

effectivity.

RULE 17 FINAL PROVISIONS

SECTION 1. Repealing clause . - All rules, resolutions,

regulations or circulars of the Supreme Court or parts

thereof that are inconsistent with any provision of these

Rules

are

hereby

deemed

repealed

or

modified

accordingly.

Rules

35

and

36

of

the

1993 COMELEC Rules of

Procedure

governing

election

contests

and

quo

warranto cases before the trial courts are deemed

superseded by these Rules.

SEC. 2. Effectivity clause . - These Rules shall take

effect on May 15, 2007 following their publication in two

newspapers of general circulation in the Philippines not

later than May 3, 2007.

A.M. No. 00-8-10-SC | RULES OF

PROCEDURE ON CORPORATE

REHABILITATION (2008)

December 2, 2008

RULE 1 COVERAGE

Section 1. Scope - These Rules shall apply to petitions

for

rehabilitation

of

corporations, partnerships and

associations pursuant to Presidential Decree No. 902-A,

as amended.

Section

2.

Applicability

to

Rehabilitation

Cases

Transferred

from

the

Securities

and

Exchange

Commission. - Cases for rehabilitation transferred from

Securities Exchange Commission to the Regional Trial

Court pursuant to Republic Act No. 8799, otherwise

© Compiled By RGL

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